Provisional licence disqualification

If you breach a condition or gain 4 or more demerit points while on a provisional licence, you will be issued a disqualification notice by Service SA and be disqualified from driving.

Demerit disqualification notices (first notice)

Provisional licence disqualification notices are sent by post to your address.

Disqualification period

• First-time disqualification — disqualified for 6 months
• If you've previously been disqualified while on a provisional licence, successfully appealed a provisional licence disqualification or previously elected a Safer Driver Agreement within the past 5 years — disqualified for 12 months.

Your options

Depending on what your notice says, you may be able to:

• elect a safer driver agreement
• appeal to the Magistrates Court.

If these options are not available you must sit out the disqualification.

You may be eligible for a safer driver agreement, which allows you to continue driving instead of being disqualified.

Eligibility

You may elect a safer driver agreement if all these apply:

• it is your first time being disqualified due to gaining 4 or more demerit points or breaching a condition on your provisional licence
• you have no other outstanding requirements
• you elect the safer driver agreement within 28 days of the issue date.

For information about your specific situation, call Service SA on 13 10 84.

Conditions

During the safer driver agreement period:

• You must not gain 4 or more demerit points or breach a condition on your provisional licence.
  • If you do:
    • you will receive another disqualification notice for twice the original period (eg 12 months instead of 6)
    • you can't appeal or elect another safer driver agreement as you would have breached your safer driver agreement conditions.

You may be eligible to appeal against the disqualification to the Magistrates Court, which allows you to continue driving instead of being disqualified.

Eligibility

You may appeal to the Magistrates Court if all these apply:

• you were not eligible for a safer driver agreement
• you are appealing against the disqualification to the Magistrates Court on the basis of 'severe and unusual hardship'
  • Your previous driving history will be considered as part of the appeal.
• you have not previously successfully appealled a provisional licence disqualification or previously elected a safer driver agreement within the previous 5 years
• you have no other outstanding requirements
• you elect the safer driver agreement within 28 days of the issue date.

For information about your specific situation, call Service SA on 13 10 84.

Conditions

During your new provisional licence period:

• You must not gain 4 or more demerit points or breach a condition on your provisional licence.
  • If you do:
    • you will receive another disqualification notice for twice the original period (eg 12 months instead of 6)
    • you can't appeal or elect a safer driver agreement.

What you must do

Acknowledge your notice

To elect the safer driver agreement, appeal to the Magistrate Court or sit out the disqualification, you must personally acknowledge the notice and pay the fee within 28 days of the issue date.

You can do this at:

• a Service SA centre
• an Australia Post outlet — only for the first notice sent.

If you don't acknowledge the first notice by the date printed on your notice:

• a second notice will be issued.
• a South Australian Police or Sheriff's officer will attempt to serve the notice on you personally by attending the residential address recorded on your licence.
• a higher fee will apply. This can be paid at Service SA. You may not be able to make any other transactions until it's paid.

If the second notice can't be served to you personally, you'll be unable to make any other transactions with Service SA (eg renewing your vehicle registrations). You must go to a Service SA centre to acknowledge the second notice in person. It can't be served over the phone or online.

If you don't apply for the safer driver agreement within 28 days, the disqualification will take effect (provided the notice has been acknowledged).

If you are eligible and choose to appeal your disqualification to the Magistrates Court, you must first acknowledge receipt of your disqualification notice at a Service SA centre or an Australia Post outlet.

What happens next

Any licence you hold will be cancelled when the disqualification commences.

Safer driver agreement

Once the safer driver agreement is accepted, surrender your current licence and you will be issued with a new provisional P1 or P2 licence.

You will be reissued:

• a P1 licence for a period of 3 years if the original offence was committed on a P1 licence
• a P2 for 2 years if the original offence was committed on a P2 licence.

Appealing to the Magistrate Courts

After you have acknowledged the disqualification at a Service SA centre or an Australia post outlet, you must make application at the Magistrates Court nearest to where you live. A fee is payable to the Court for the appeal.

If your appeal is successful, attend Service SA to surrender your current licence and be issued with a new provisional P1 or P2 licence.

You will be reissued:

• a P1 licence for a period of 3 years if the original offence was committed on a P1 licence
• a P2 for 2 years if the original offence was committed on a P2 licence.